Lawsuits Against Drunk Drivers Who Cause Car Accidents

Drunk drivers who cause car accidents face not only criminal penalties, but can be sued in civil court as well.

Injuries caused by drunk driving are very frequently the subject of
civil suits. While drunk drivers can face serious criminal charges, with
penalties including restitution and jail time, they can also face civil
liability if they are sued by their victims. If you or a loved one is
injured or killed by a drunk driver, a civil suit may be your best path
to recover damages for your losses. Read on to learn more about your
options.

Civil Suits for Drunk Driving Injuries vs. Criminal Proceedings

A civil suit for drunk driving is a separate -- and distinct --
process from any criminal proceedings a drunk driver may face. Criminal
proceedings are designed to protect the public from future harm by
acting as a deterrent to drunk driving, as well as to punish the drunk
driver for acting in a reckless manner. A drunk driver can face criminal
prosecution even if there is no accident or injury involved.

A civil case based on drunk driving comes in the form of an injury lawsuit filed
by the victim of a drunk driver, or in the case of a fatality, filed by
the victim’s next of kin, to recover damages. If you are injured by a
drunk driver, a civil suit could be your only recourse when attempting
to recover the costs of medical treatment, lost wages, damaged property
or other economic damages. Civil suits, depending upon the law of your
jurisdiction, also may offer the opportunity to recover non-economic
damages, i.e. money for pain and suffering.

Civil Suits and No-Fault Laws

No-fault laws have a direct effect on your ability to file a civil
suit against a drunk driver. If you live in a no-fault state, it is
likely that a threshold is in place barring suits for auto accidents
unless injuries are of a certain statutory severity or your damages
exceed a certain statutorily mandated dollar amount.

The effect of no-fault laws on civil suits against drunk driving is
constantly debated in no-fault states. Unlike in pure negligence states,
drunk drivers in no-fault states are not automatically subject to civil
liability. Even though a drunk driver has clearly injured you through a
negligent act, no-fault laws still require a threshold be met before a
suit can go forward. If your damages are limited to property damage
and/or minor injuries, you will be forced to file a claim with your own
insurance company. Laws vary from state to state regarding exceptions or
variations on this rule. Learn more about lawsuits in no-fault states.

Civil Suits in Pure Negligence States

If you live in a pure negligence state, you are generally free to sue
a drunk driver for the injuries you sustained. In personal injury drunk
driving suits, you must simply prove fault as
you would in any other civil suit. On their face, civil suits against
drunk drivers seem like slam dunks, but defense attorneys and insurance
companies have spent significant amounts of time and money defending
such cases, and winning is never as easy as it should be. All the common
defenses to a negligence case are available, including comparative and contributory negligence.

Wrongful Death and Drunk Driving

If a loved one is killed by a drunk driver, you or another duly
appointed personal representative my file a civil suit for wrongful
death on behalf of the loved one’s estate. A wrongful death suit is
often a mechanism employed by family members to ensure that those
surviving the deceased have some financial stability. Wrongful death
suits are a variation on a standard personal injury negligence lawsuit,
and generally follow the same road map. Both economic and non-economic
damages are available, and some states may allow punitive damages as
well. Punitive damages are arbitrary amounts awarded with the sole
intent of punishing the drunk driver and deterring future drunk driving
incidents.